Resolves YES if at least three U.S. states other than Oregon enact a law or issues a final regulatory order that establishes a distinct electricity rate class or tariff specifically applicable to data centers, a large-load customer rate class that includes data centers, or large computing facilities before January 1, 2028. Proposals, studies, or draft bills do not count.
23 states have implemented these already. Some examples:
>As part of the decision, the company has established a new large-load customer rate class designed to support system growth while protecting existing customers. The new rate class includes binding long-term financial and usage commitments, including a minimum 10-year requirement for large users such as data centers, helping ensure infrastructure costs are paid by the large load customers and not inappropriately shifted to other customers.
>Large Load/Data Center Tariff — In Minnesota, we have a tariff applicable to large load customers, designed to allow us to serve these new customers and support local economic development while protecting existing customers from bearing the incremental costs to serve these loads.
The tariff, which was approved by the MPUC in June 2026, is mandatory for new loads over 100 MW and includes an incremental cost test, minimum initial term of 15 years, minimum bill provisions, termination and exit fees, and credit requirements.
Wisconsin: specific elevated tariffs for Very Large Customer and Bespoke Resources